††††† Section 1. Application
Procedures. An applicant shall submit to the cabinet a complete application that
consists of the following:

††††† (1) A notarized Brownfield
Liability Relief Eligibility Form, DEP 6056. This form shall be signed by the
applicant and include a certification of the requirements in KRS
224.1-415(2)(a);

††††† (2) A copy of the most
recently recorded deed for the property;

††††† (3) A property
management plan as established in 401 KAR 102:020;

††††† (4) A check or
money order for $2,500 made payable to the Kentucky State Treasurer; and

††††† (5) Documentation
that the applicant made an all appropriate inquiry into previous ownership and
uses of the property prior to the acquisition of the property.

††††† (a) For property
acquired after February 1, 2014, documentation that an all appropriate inquiry
was conducted in accordance with 40 C.F.R. Part 312 within 180 days prior to
submission of the application; or

††††† 1. An all
appropriate inquiry was conducted in accordance with generally accepted
practices when the property was acquired; and

††††† 2. An all
appropriate inquiry was conducted in accordance with 40 C.F.R. Part 312 within
180 days prior to submission of the application.

††††† Section 2. Cabinet
Review and Notification. Within thirty (30) days of receipt of an application,
the cabinet shall issue in writing to the applicant:

††††† (1) A Notice of
Eligibility, in accordance with Section 3 of this administrative regulation;

††††† (2) A Notification
of Concurrence, in accordance with Section 4 of this administrative regulation and
as provided by KRS 224.1-415(2)(b); or

††††† (3) A notice from
the cabinet that:

††††† (a) The
application is administratively incomplete; or

††††† (b) A final
determination has been made that the application does not meet the provisions
of KRS 224.1-415.

††††† Section 3. Notice
of Eligibility. (1) An applicant who has met the requirements for the
Notification of Concurrence in Section 4(1) of this administrative regulation
with the exception of holding legal title to the property shall receive a
Notice of Eligibility. The Notice of Eligibility shall serve as documentation
that the applicant has met the requirements for the Notification of Concurrence
with the exception of holding legal title to the property.

††††† (2) The Notice of
Eligibility shall remain in effect for a period of 180 days from the date the
all appropriate inquiry, submitted pursuant to Section 1(5)(a) of this
administrative regulation, was conducted.

††††† (3) The cabinet
may extend the Notice of Eligibilityís expiration date. Upon receipt of an
updated all appropriate inquiry conducted pursuant to 40 C.F.R. Part 312 that
does not alter the cabinetís finding or concurrence, the cabinet shall
establish a new expiration date. The new expiration date shall not be greater
than one (1) year from the date the all appropriate inquiry, submitted pursuant
to Section 1(5)(a) of this administrative regulation, was conducted.

††††† (4) The Notice of
Eligibility that has not expired shall have the effect of a Notification of Concurrence
letter upon the applicant obtaining legal title to the property until the
applicant receives from the cabinet a Notification of Concurrence letter or
denial of a Notification of Concurrence letter in accordance with subsection
(6) of this section.

††††† (5) The applicant
who has a Notice of Eligibility that has not expired shall, upon obtaining
legal title to the property, submit to the cabinet a copy of the recorded deed
for the property, identifying the applicant as the owner of the property within
sixty (60) business days of the deed being filed in the county clerkís office.

††††† (6) The cabinet
shall, within fourteen (14) business days of the cabinetís receipt of the documentation required in
subsection (5) of this section, issue or deny a Notification of Concurrence
as provided in Section 2(2) or (3) of this administrative regulation to an
applicant previously issued a Notice of Eligibility letter.

††††† Section 4. Notification
of Concurrence. (1) The Notification of Concurrence shall be issued to an
applicant who has met the conditions in Section 1 of this administrative
regulation and KRS 224.1-415.

††††† (2) The
Notification of Concurrence shall state:

††††† (a) The cabinet
concurs that the intended future use of the property will not interfere with the
remediation of the release of petroleum, a hazardous substance, or pollutant or
contaminant as required by the cabinet, increase the impacts of the release of
petroleum, a hazardous substance, or pollutant or contaminant on human health
or the environment, or expose the public and environment to unacceptable harm;
and

††††† (b) The cabinet
finds that the applicant shall not be liable for performing characterization, correcting
the effects of the release of petroleum, a hazardous substance, or pollutant or
contaminant on the environment, or performing corrective action pursuant to KRS
224.1-400 or 224.1-405.

††††† (3) An applicant who
has received a Notification of Concurrence shall:

††††† (a) Comply with
the provisions of KRS 224.1-415; and

††††† (b) Manage the
property in accordance with the cabinet approved property management plan and the
most recent amendments to the property management plan approved by the cabinet.

††††† Section 5. Discovered
Releases. (1) The Notification of Concurrence shall apply to all releases of
petroleum, a hazardous substance, or pollutant or contaminant certified by the
applicant in the application and in future notifications submitted pursuant to
subsection (2) of this section.

††††† (2) If a release or
evidence of a previously suspected release of petroleum, a hazardous substance,
or pollutant or contaminant is discovered subsequent to acquisition of the
property by an applicant who has been issued a Notice of Eligibility or a Notification
of Concurrence, the applicant shall:

††††† (a) Notify the Division
of Waste Management in writing of the presence of the release within fourteen (14)
business days of the release discovery; and

††††† (b) If the release
was not certified in the application and was not caused by the applicant, notify
the Division of Waste Management in writing that the information submitted as
part of the application in Section 1(1) of this administrative regulation is
also applicable to the discovered release.

††††† (3) If the
applicant who was previously issued a Notice of Eligibility receives a letter denying
a Notification of Concurrence in accordance with Section 3(6) of this
administrative regulation, then the notification requirements in subsection (2)
of this section shall no longer be applicable.

††††† (4) All releases of
petroleum, hazardous substances, or pollutants or contaminants caused by the applicant
shall be addressed by the applicant in accordance with the applicable local,
state, or federal law.

††††† Section 6. Change
in Property Use. Subsequent to a Notification of
Concurrence, the applicant shall provide written notice to the Division of
Waste Management if a change in property use is proposed that is different from
the property use identified in the approved property management plan.

††††† Section 7. Rescission
of Notification. The director of the Division of Waste Management may rescind or
modify in writing the Notice of Eligibility and the Notification of Concurrence
if the applicant is not in compliance with Section 4(3) of this administrative
regulation. The director of the Division of Waste Management shall rescind in
writing the Notice of Eligibility and the Notification of Concurrence if the cabinet
determines that the applicant submitted a false certification as part of its
application package.

††††† Section 8. Compliance
with other laws. Nothing in this administrative regulation alters in any way
any other legal obligations the applicant would be subject to pursuant to any
local, state, or federal law.